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Home My WebLink About035-11 Nantucket Dreamland Foundation(~r~€tt ~'ur TOWN OF NANTUCKET BOARD OF APPEALS NANTUCgET, MA 02554 APPLICATION Fee: $300.00 w File No..~~5 ~, Owner's name(s): ~ Nantucket Electric l.Natipnal Grid " ' Mailing address: Glt) Celia Deluga, Reser~uoir woods, 40 Sylvan-road, 1st-flood., Waltham; MA 02451 Phone Number: 7~1-~(t7-1745 E-Mail:. ' Applicant's name(s): N~antucke~t Dre.afnland Four~d~tion Mailing Address: c;o Vau~han> Dale, Bunter, Sf~t~ina andl~eaudette, PC, PC) Bax 659,I~antuck'et, MA 02554 Phone Number:.<.(5(lg}Z~f~-4455 ~ ~ E_M~; billh~).vaughai7daleandhi3ntec.com Locus Address: L.O Nc~ti ~t'Ita}c S r~et Assessor's Map/Parcel 42:3.1137` Land Court Plan/Plan Book & Page/Plan File No.: I,CYL.N 8580-5 Certificate of Tide: ' 1143 Zoning District Residential Commercial Uses on Lot- Commercial: None Yes (describe) T7~eafer Residential: Number of dwellings.. Duplex ` :Apartments Date of Structure(s): all pre-date 7/72 : Yes ~ or Building Permit Numbers: Previous Zoning Board Application Numbers:' 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7225 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: See Addendmn "A" attached hereto and made a part thereof. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE:; ~ Owner* SIGNATURE: ~~ Ap licant/Attome /A ent* p y g i iain F. unter, Esq. *If an Agent is repre nting th Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on: /_/_- By: Complete:. Need Copies: Filed with Town Cterk:J_/_ Planning Board:J_/_ Building Dept.:_/,_ By:_ Fee deposited with Town Treasurer:_/_/_ By: Waiver requested: Granted:.: /_/_ Hearing notice posted with Town Clerk:_/, Mailed: / / I&M /_/_ & /~/ Hearing(s) held on /_/_ Opened on : /^/_ Continued to:_/ /_ Withdrawn: , /_/_ Decision Due By:_/ /_ Made:`/_/_ Filed w/Town Clerk:_/_' /_ Mailed:/_/_' 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile EXHIBIT "A" TO THE NANTUCKET DREAMLAND FOUNDATION APPLICATION FOR VARIANCE The Nantucket Dreamland foundation (hereinafter "Applicant") seeks a Variance, pursuant to Section 139-32 A of the Nantucket Zoning By-law, from the requirements of Section 139-7A (8) to allow a tent to be erected for a period exceeding thirty (30) days per year. Applicant proposes to install a tent upon the Premises for the period of time spanning July and August 2010. The proposed hours of operation for the tent are daily from 9:00 a.m. through 10:00 p.m. The Applicant takes the position that no relief is required in that the Applicant is nonprofit educational corporation and the proposed use is in furtherance of the educational purpose of the Applicant and as such, such use is exempt from enforcement of the provisions of Nantucket Zoning By-law Section 139-7A(8) pursuant to the provisions of Mass. Gen. Laws c. 40A,s.3, which provides in relevant part, "No zoning ordinance or by-law shall ... prohibit, regulate or restrict the use of land or structures ... for educational purposes on land owned or leased by ... a nonprofit educational corporation; provided, however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements," and requests that the Board make a finding that no relief is required. In the alternative, the Applicant requests that the Board grant the Variance relief as requested. The Applicant proposes to use the tent for fundraising for The Nantucket Dreamland Foundation and the staging by the Dreamland of summer performance camps and plays for both children and adults. Applicant proposes to outfit the tent with a sound system and small riser stage and in this way it will be able to accommodate performances and other events. The proposed hours of operation for the tent and premises are daily from 9:00 a.m. through 10:00 p.m. during the weeks the tent is erected. The requested relief is harmony with the intent and purposes of the Nantucket Zoning By-law. Given circumstances relating to the Nantucket Dreamland Foundation's inability to use its own property for this use inasmuch as that site is c currently under construction and especially its property and not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of by-law would involve substantial hardship to the Applicant. This desired relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from intents and purposes of the by-law. The Applicant asks the Board to vote in favor of the Variance as requested. Town of Nantucket Web GIS -Printable Map Town of Nantucket Web GIS Page 1 of 1 _- ~ ~4 3.'1 1 - ~. ~• 42.3:1 135 yL~.S vv~t.r-- tS~ ~t ,E ~ ~. ~ 's ~:.,. i ~' ~r-~lj'~,~,.y.-' 42:2 ~2 i - ` ~~ = a - ~ ~, ~ _ r~1- ~ ~~_~ ~ s -_ ~~~~ ~ , ~~ s~- ~~s, ~ ~` , ~,-- ~ . _- ~ ~'' a2 3 t ~_+ ' ~ i . _ z a l a r t r- ~} ~• ~. ~~ ti~ fy'~ d`1"3 1 101 S ~i {_s~ _ { ) ~2 ~3. ~~~~~~ i~ F y~ _ ' _ ~ ~ t y 42.3.1 ~ _ ~ ~'. ~~" ~, _- .. ,_ -- - ~ E,~ _ ~ , '~l ~~ _ 42.3.1 fl1 ~~,~ ~ 4~~11 ~.,.~-'"~,, y'~1 s ~ _ 42.3: 14~ ti `~`r~ y ~~ ~ 4~1 ,',s- ~+ ~-_ _ .d. ,4 1 _ - _~-~ s.-~ ~ d ~~ d2.3.1 $2 ~, 5`i, t ~~ `'ti~~~, ~~ ,,~- ~~'~,, 42. 1 1 ~L~R ` ~;~~~`5 1 ~.2 4 ~' yy14 f. = 4~3 1 g~ ,~ C tla~ .f`e.~ ~ ~Y ''' ' 1 ~ ~' ~ _ _ [~ _ ,r~s ~ 1,, ~~ ~ ~: ~ ' r ~'~ t _1--'?~'--~ y ' ~~ i~~2.d 9 _ ti 7 • • i )/ ` -~/1.41~,3~ 3..1 247 ,•`F `~, ~.t, ~ t k'"J,i~999 //~ ...';t.{. 21'rs'` ~ ~;E x4.2.3.2:22 '.. J~.~. ': ~ ~ r ~~ 5 ~. ~.J'~-~-7 ~~' ,r 't-~ A 2.3.2 k 3 ~' ~ ~ i- ~ k?~. ~ b ~ - ~`~,,.~2.3.2 21.3'' '~~ = 1 i n d~ ~~ }3jft~`~ ~3.2 21 ~, ~~ ~5~ x3.2-23 1~ _..1~- -`~ 4~!~. ~~ f~ `~~ =`A2.3.22~.2 ~ ._ 42 .~,at ~"= 111 Prop ID 42.3.1 37 Address 10 NEW WHALE ST Owner NANTUCKET ELECTRIC COMPANY C/O PROPERTIES DEPT NOT A LEGAL DOCUMENT 25 RESEARCH DRIVE For general reference only: Important WESTBOROUGH, MA caveats which must be considered when 1582 using this data are available from the Sale Date 01/01/1900 Nantucket GIS Coordinator. Sale Price $0 Disclaimer The information displayed on this or Book/Page 00001/ 143 any other map produced by The Town of Nantucket is for reference purposes only. The Town of N t k t d t Lot Slie 1.31 aCreS an uc e oes no guarantee the accuracy of the data. Users are responsible for Town of Nantucket, Massachusetts determininy the suitability for individual needs. All information is From the Town of Nantucket Map COfnpOSed Geographic. Information System {G1S) database. 5~11.~Z01.1 Copyright 2005 Town of Nantucket, MA. All rights reserved. Developed by AppGeo http://host.appgeo.com/nantucketma/PrintableMap.aspx`?Preserve=Width&MapWidth=864... 5/11 /2011 UAUGHAN, DALE, HUNTER, STETINA AND BEAUDETTE PROFESSIONAL CORPORATION ATTORNEYS AT LAW WHALEB'S LANE ED~VAAD FOLEY VAUGHAN P.O. BOX 659 KEVIN F. DALE NANTUCgET, MASSACHUSETTS 02554 WILLIAM 1'.11UNTEA MARTIN dEFFAEY STETINA TELa5081228-4455 1~ICHAFD P. BEAUDETTE FAX: (5 081 2 2 8-30 9 0 LoaID'ELIA May 23, 2011 BY HAND DELIVERY t;, John Brescher, Nantucket Zoning Board of Appeals -` Nantucket Zoning Board of Appeals = 2 Fairgrounds Road Nantucket, Massachusetts 02554 RE.• The Nantucket Dreamland Foundation: I S and 17 Nobadeer Farm Road/ The Nantucket 1~"ew School; Assessors Map 69, Parcels 84 and 85; Nantucket, Massachusetts 02554 (the "Premises " j Dear John: [ am writing to request the above captioned application for a Variance be withdrawn from consideration by the Zoning Board of Appeais at its meeting scheduled for June, 2011. Please let me know if you have any q estio ~ or require more. S erel, .~ -.. ~-. William Hunter ~` WFH/ ~ __ UAUGHAN, DALE, HUNTEg, STETINA AND BEAUDETTE PROFESSIONAL CORPORATION ATTORNEYS AT LAW WHALEH'S LANE EDWARD FOLEY VAUGHAN P.O. BOX 659 KEVIN F. DALE NANTUCgET, MASSACHUSETTS 02554 j~ ILLIA:K F' . HUNTEE MAI?TIN iTEFFAEY STETINA 1~ICHAAD P. BEAUDETTE Loal D'ELIA BYHAND DELIVERY John Brescher, Nantucket Zoning Board of Appeals Nantucket Zoning Board of Appeals 2 Fairgrounds Road Nantucket, Massachusetts 02554 May 16, 2011 RE: The Nantucket Dreamland Foundation; 10 New Whale Street, Nantucket Electric /National Grid; Assessors Map 42.3.1, Parcel 3?; Nantucket, Massachusetts 02554 the ".Premises') Dear John: t_J .~; Enclosed please find an Application in the captioned matter requesting a Variance, pursuant to Section 139-32 A of the Nantucket Zoning By-law, from the requirements of Section 139-7A (8) to allow a tent to be erected for a period exceeding thirty (30) days per year. Applicant proposes to install a tent upon the Premises for the period of time spanning the period between July and August. 2011. Also enclosed please find multiple copies of the completed Application packet, two sets of mailing labels and the filing fee required by the Town of Nantucket in the amount of $300.00. Please mark this matter for hearing at the June, 2011 meeting of the Nantucket Zoning Board of Appeals. Thank you for your help in these matters. P have questions. TEL:1508) 228-4455 FAX:1508) 228.3070 feel free to call me should you liam F: WI~ H.` Enclosures Print Form TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 z ~~, WITHDRAWAL FORM File No. 035 -11 ~J Map 4231 Parce137 APPLICANT(S): NANTUCKET DREAMLAND FOUNDATION AS APPLICANT, NATIONAL GRID/NATIONAL ELECTRIC AS OWNER UPON THE REQUEST OF THE APPLICANT(S) MADE: PRIOR TO X AFTER PUBLICATION OF NOTICE OF A PUBLIC HEARING ON THE ABOVE CAPTIONED APPLICATION, WE, THE NANTUCKET ZONING BOARD OF APPEALS: ~_ ACKNOWLEDGE AS A MATTER RIGHT AND W ITHOUT PREJUDICE APPROVE WITHOUT PREJUDICE APPROVE, BUT WITH PREJUDICE THE WITHDRAWAL: ~_ IN FULL OF THE SAID APPLICATION OF SO MUCH OF SAID APPLICATION AS: UAUGHAN, DALE, HUNTER, STETINA AND BEAUDETTE PROFESSIONAL CORPORATION ATTORNEYS AT LAW WHALER'S LANE EDWARD FOLEY VAIIGHAN P.O. BOX 659 KEVIN F. DALE NANTIICB ET, MASSACHUSETTS 02554 WILLIAM F, HIINTER TELa508) 228-4455 MARTIN JEFFFEY STETINA FAg; (5081 2 28-30 7 0 1~ICHARD P. BEAIIDETTE LORI D'ELIA May 31, 2011 Leslie Woodson Snell, AICP, LEED ®AP Senior Planner Nantucket Planning Board 2 Fairgrounds Road Nantucket, Massachusetts 02554 Re: The Nantucket Dreamland Foundation; MCD Application, 10 New whale Street; Assessor's Map 42.31, Parcel 37; Nantucket Electric. NGrid Property Dear Leslie: Regarding the above-referenced matter, I am writing to request that the application be withdrawn from consideration by the Planning Board as the Dreamland does not wish to pursue it at this time. -< w Please note that I have filed a copy of this letter request with the Nantucket Town Clerk. Please feel free to either give me a call or send an email should you have any questions or comments for me regarding this application and the requested withdrawal thereof. WFH/ CC: Melissa Murphy, Nantucket Dreamland Foundation